Court Blocks Ala. From Checking Immigrant Student Status

From The Associated Press:

By GREG BLUESTEIN and JAY REEVES   

10/15/11 07:15 AM ET

BIRMINGHAM, Ala. — Armando Cardenas says he has thought about leaving Alabama because of the possibility of being arrested as an illegal immigrant and the hostility he feels from residents.

But now that a federal appeals court has sided with the Obama administration and dealt a blow to the state’s toughest-in-the-nation immigration law, Cardenas said he will stay for at least a while longer.

“It’s not easy to leave everything you have worked so hard for,” Cardenas said after the appeals court blocked public schools from checking the immigration status of students.

The decision from the 11th U.S. Circuit Court of Appeals also said police can’t charge immigrants who are unable to prove their citizenship, but it let some parts of the law stand, giving supporters a partial victory. The decision was only temporary and a final ruling isn’t expected for months, after judges can review more arguments.

Unlike in other states where immigration crackdowns have been challenged in the courts, Alabama’s law was left largely in effect for about three weeks, long enough to frighten Hispanics and drive them away from the state. Construction businesses said Hispanic workers had quit showing up for jobs and schools reported that Latino students stopped coming to classes.

While the long-range implications of the decision remain to be seen, immigrants celebrated the judges’ ruling. Word spread quickly through the state’s Hispanic community as Spanish-language radio stations aired the news.

“When I listened to that, I started crying. I called my friends and said, `Listen to the radio.’ We’re all happy,” said Abigail, an illegal immigrant who didn’t want her last name used because she feared arrest.

The judges let stand part of the law that allows police to check a person’s immigration status during a traffic stop. Courts also can’t enforce contracts involving illegal immigrants, such as leases, and it’s still a felony for an illegal immigrant to do business with the state for basic things like getting a driver’s license, the judges ruled. Their 16-page decision contained very little discussion about their ruling. (more…)

DOJ Sues Alabama Over AZ-Copycat Law

From Politico:

Alabama Gov. Robert Bentley signed the law in June. | AP Photo

By REID J. EPSTEIN | 8/2/11 7:19 AM EDT

Arguing that the federal government sets immigration policy, the Justice Department has filed a lawsuit to stop Alabama’s toughest-in-the-nation law before it takes effect on Sept. 1.

The lawsuit, filed Monday in federal court in Birmingham, is the third major legal challenge to the Alabama law, which would, among other things, make it illegal for undocumented immigrants to apply for work, require law enforcement to determine the legal status of people they arrest, transport or “conceal” undocumented people in the state, and force public schools to determine the citizenship status of their students.

“To put it in terms we relate to here in Alabama, you can only have one quarterback in a football game. In immigration, the federal government is the quarterback,” U.S. Attorney Joyce White Vance said, according to the Birmingham News.

Attorney General Eric Holder, in a statement released by the Justice Department, said states cannot set their own immigration laws.

“Today’s action makes clear that setting immigration policy and enforcing immigration laws is a national responsibility that cannot be addressed through a patchwork of state immigration laws,” Holder said. “The department is committed to evaluating each state immigration law and making decisions based on the facts and the law. To the extent we find state laws that interfere with the federal government’s enforcement of immigration law, we are prepared to bring suit, as we did in Arizona.” (more…)

Ala. Immigration Law Targets Students

From The Center For American Progress:

By Natalia Mercado Violand |July 22, 2011

Just when it seemed Alabama had left its dark past of segregation behind, its legislature passed one of the nation’s strictest anti-immigration bills, H.B. 56, taking the state back in time 50 years.

During the civil rights struggles, Birmingham, Alabama, was the epicenter of the civil rights movement’s struggles for equality. It was known for having one of the most violent, aggressive, and pro-segregation police forces and one of most hostile education systems in the nation. Today, in a setting that is all too familiar, H.B. 56 reestablishes the educational racial barriers Alabama supposedly put in its past.

Gov. Robert Bentley (R) signed H.B. 56 into law on June 9, 2011, an anti-immigration bill even harsher than Arizona’s infamous S.B. 1070. Like S.B. 1070, the bill allows police to arrest anyone suspected of being an illegal immigrant even if they’re stopped for a minimal traffic violation. The bill makes it a criminal offense in Alabama to rent a house or apartment to undocumented immigrants or to knowingly give an undocumented immigrant a ride. It also makes E-Verify, a faulty and expensive Internet-based verification mechanism, mandatory for employers.

But worst of all is that the law turns educators into immigration officials. Going even beyond Arizona, the law targets students and requires that schools collect information about the legal status of students and their parents. This law will lead inevitably to widespread racial profiling in education as in law enforcement. (more…)

Follow

Get every new post delivered to your Inbox.